Maine Revised Statutes > Title 32 > Chapter 111-A > Subchapter 2 – Administration and Enforcement
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Terms Used In Maine Revised Statutes > Title 32 > Chapter 111-A > Subchapter 2 - Administration and Enforcement
- Administrator: means the Securities Administrator. See Maine Revised Statutes Title 32 Sec. 11201
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commodity: means , except as otherwise specified by the administrator by rule or order, any agricultural, grain or livestock products or by-products, any metals or minerals, including a precious metal set forth in subsection 12, any gem or gemstone, whether characterized as precious, semiprecious or otherwise, any fuel, whether liquid, gaseous or otherwise, any foreign currency and all other goods, articles, products or items of any kind provided that the term commodity shall not include:
A. See Maine Revised Statutes Title 32 Sec. 11201Commodity Exchange Act: means the Act of Congress known as the "Commodity Exchange Act" as amended to the effective date of this chapter, codified at the United States Code, title 7, § 1, et seq. See Maine Revised Statutes Title 32 Sec. 11201 Commodity Futures Trading Commission: means the independent regulatory agency established by Congress to administer the Commodity Exchange Act. See Maine Revised Statutes Title 32 Sec. 11201 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. offer to sell: includes every offer to sell, offer to purchase or offer to enter into a commodity contract or commodity option. See Maine Revised Statutes Title 32 Sec. 11201 Person: means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government or a political subdivision of a government, but does not include, a contract market designated by the Commodity Futures Trading Commission or any clearinghouse of the Commodity Futures Trading Commission or a national securities exchange registered with the United States Securities and Exchange Commission, or any employee, officer or director of such contract market, clearinghouse or exchange acting solely in that capacity. See Maine Revised Statutes Title 32 Sec. 11201 Plaintiff: The person who files the complaint in a civil lawsuit. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. sell: includes every sale, contract of sale, contract to sell or disposition, for value. See Maine Revised Statutes Title 32 Sec. 11201 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries.